Upon the filing of a petition for a writ of mandamus, the court shall order the issuance of an alternative writ directing the defendant to perform the act demanded or to show cause to the contrary.
Art. 3865.Alternative Writ
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 3. Mandamus · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3865 requires a court, upon the filing of a mandamus petition, to order an alternative writ directing the defendant either to perform the demanded act or to appear and show cause why it should not have to, before any final writ can issue.
Full Text of Art. 3865
Plain-English Summary
Article 3865 describes the first procedural step after a mandamus petition is filed: an alternative writ. This is not the final command the court might eventually issue, but an interim order that gives the defendant a real choice.
The alternative writ directs the defendant either to perform the act the petition demands, satisfying the request without further litigation, or to appear and show cause why he should not have to. That second option preserves the defendant's chance to contest the mandamus claim, whether by arguing the duty is not truly ministerial, that a different party bears the obligation, or any other defense available under this chapter.
Article 3865 makes issuance of the alternative writ mandatory once a mandamus petition is filed; the court has no discretion to skip this step. Only after the alternative writ has run its course, through voluntary compliance or a hearing on the defendant's showing of cause, does the case move toward the final, unconditional writ Article 3866 describes.
Frequently Asked Questions
What is an alternative writ in a Louisiana mandamus case?
An interim order the court issues once a mandamus petition is filed, directing the defendant to perform the demanded act or to appear and show cause why he should not have to.
Does the defendant get a chance to contest the mandamus demand?
Yes. The alternative writ under Article 3865 lets the defendant show cause against the demand rather than requiring immediate, unconditional compliance.
Is the court required to issue an alternative writ, or is it discretionary?
Mandatory. Article 3865 requires the court to order the alternative writ upon the filing of a mandamus petition.
What comes after the alternative writ?
A hearing, after which the court can render judgment making the writ peremptory under Article 3866, the final and unconditional stage of a mandamus proceeding.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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